ORDERS:
ORDER
I. Statement of the Case
George E. Callaway (Callaway) seeks a septic tank permit for Lot No. 14, Lakewood Subdivision,
Section A, Lakewood Drive, Clarendon County, South Carolina. South Carolina Department of
Health and Environmental Control (DHEC) opposes Callaway's application and asserts the water
table is too high and that a restrictive clayey subsoil creates an impermissible restrictive layer
denying a septic tank permit. Callaway's disagreement with DHEC's determination places
jurisdiction in the Administrative Law Judge Division (ALJD). S.C. Code Ann. § 44-1-50 and §
1-23-600(B) (Supp. 1997). The hearing in this matter was held February 19, 1998 at the Edgar
Brown Building, Columbia, South Carolina. Based upon the evidence and the argument presented
by the parties, the septic tank permit is denied.
II. Issues
Given the soil conditions of Callaway's property located at Lot No. 14, Lakewood Subdivision,
Section A, Lakewood Drive, Clarendon County, South Carolina, should a septic tank permit be
issued?
III. Analysis
1. Positions of Parties
DHEC asserts no permit can be granted since the water table is found at less than 12 inches and that
depth is inappropriate for granting a permit. Further, the lot presents a clayey subsoil at a depth of
less than 18 inches which presents an improper restrictive barrier. Callaway disagrees and argues
the lot is of a sufficiently high elevation that proper drainage is assured.
2. Findings of Fact
Based on the preponderance of the evidence, the following findings of fact are entered:
a. Investigation of Lot
- On July 2, 1997, Callaway filed an application with DHEC to obtain a septic tank permit for
Lot No. 14, Lakewood Subdivision, Section A, Lakewood Drive, Clarendon County, South
Carolina (Lot 14).
2. Lot 14 is roughly triangular in shape with sides of approximately 210 feet by 226 feet by 200
feet.
3 The lot fronts on a canal that provides access to Lake Marion.
4. On July 7, 1997, the Clarendon DHEC office evaluated the soil of Lot 14 by one soil boring
and determined that the seasonal high water table was less than 12 inches in the original soil
and that a restrictive soil layer exists at a depth of less than 18 inches below the existing soil
surface.
5. Clarendon personnel notified Callaway on July 29, 1997 that the lot was not suitable for a
septic tank system since the water table and clayey subsoil conditions prevented a permit.
6. On August 11, 1997, Callaway challenged the denial of the permit request.
7. On August 22, 1997, DHEC personnel inspected Lot 14 by two additional soil borings which
determined that the water table was less than 12 inches below the surface and the soil
presented an inappropriate restrictive barrier due to the clayey subsoil.
8. Callaway was notified by DHEC personnel on August 26, 1997 that Lot 14 was not suitable
for a septic tank because the water table and soil conditions would not allow a permit .
9. Callaway conducted no soil borings on Lot 14.
b. Soil Conditions and Characteristics
10. The seasonal high water table on Lot 14 is less than 12 inches below the original soil surface.
11. A restrictive barrier of clayey subsoil is met at a depth of less than 18 inches.
12. Lot 14 is not suitable for operation of a septic tank system whether conventional, alternative,
or experimental.
3. Discussion
a. Introduction
In general, the regulations require that before a permit will be granted, the site must meet standards
set by DHEC. 24A S.C. Code Ann. Regs. § 61-56 (V) (A)(1976). Lot 14 does not meet the required
standards.
b. Seasonal High Water Table
Under the regulations, a conventional septic tank system requires that the maximum seasonal high
water table for the proposed site be at least twenty-nine inches (29") below the natural ground level. See 24A S.C. Code Ann. Regs. § 61-56 (V)(B) & (VII)(B)(1)(1976) (9 inches of soil over 14 inches
of aggregate both of which must be 6 inches above the seasonal high water table). Further, where
a conventional septic tank system is not feasible, DHEC may allow an alternative system for both
the initial treatment of sewage and the final treatment and disposal of sewage as long as the
alternative system is within standards established by DHEC. 24A S.C. Code Ann. Regs. § 61-56
(VI)(B)(1),(2) & (VII)(C)(1),(2) (1976). For example, a modified conventional septic tank system
may be allowed if the maximum seasonal high water table for the proposed site is at least twenty-one
inches (21") below the natural ground level. This system relies upon 9 inches of aggregate plus 6
inches of soil plus the 6 inches needed above the seasonal high water table.
Here, the level of the seasonal high water table on Lot 14 is less than 12 inches. A conventional
system requires 29 inches and a modified system requires 21 inches. Thus, the water table depth of
less than 12 inches prohibits the granting of a septic tank permit for Callaway's property.
c. Restrictive Barrier
DHEC regulations require that the depth to rock and other restrictive horizons must be greater than
one foot below the bottom of the absorption trench. S.C. Code Ann. Regs. 61-56 (V)(C). Since a
conventional system requires a trench 23 inches below the surface, the addition of another 12 inches
before encountering a restrictive horizon requires that a depth of 35 inches from the surface must be
available before encountering a restrictive horizon. Likewise under a modified system, which
requires a trench depth of 15 inches, a total depth of 27 inches is needed before reaching a restrictive
horizon. On Lot 14 a restrictive barrier is met at a depth of less than eighteen inches. Given the fact
that the restrictive barrier begins at less than eighteen inches, neither the conventional system (a
requirement of 35 inches) nor the modified system (a requirement of 27 inches) will function on Lot
14.
4. Conclusions of Law
Based upon the above Findings of Fact, I conclude as a matter of law, the following:
1. DHEC is authorized to promulgate regulations relating to septic tanks. S.C. Code Ann. §
44-1-140 (11)(1976).
2. Promulgated regulations govern individual waste disposal systems and the issuance of septic
tank permits. 24A S.C. Code Ann. Regs. § 61-56 (1976).
3. DHEC regulations require that the depth to the seasonal high water table must be greater than
six inches below the bottom of the absorption trench. 24A S.C. Code Ann. Regs. § 61-56
(V)(B).
4. DHEC regulations require that the depth to rock and other restrictive horizons must be
greater than one foot below the bottom of the absorption trench. 24A S.C. Code Ann. Regs.
61-56 (V)(C).
5. A conventional septic tank system requires that the maximum seasonal high water table for
the proposed site be at least twenty-nine inches (29") below the natural ground level to
accommodate the system. 24A S.C. Code Ann. Regs. § 61-56 (V)(B) & (VII)(B)(1)(1976).
6. A conventional septic tank system requires the availability of a depth of 35 inches from the
surface before encountering a restrictive horizon. 24A S.C. Code Ann. Regs. § 61-56 (V)(C)
& (VII)(B)(1)(1976).
7. Where a conventional septic tank system is not feasible, DHEC is authorized to consider an
alternative system for both the initial treatment of sewage and the final treatment and
disposal of sewage as long as the alternative system is within standards established by
DHEC. 24A S.C. Code Ann. Regs. § 61-56 (VI)(B)(1),(2) & (VII)(C)(1),(2) (1976).
8. A modified conventional septic tank system requires that the maximum seasonal high water
table for the proposed site be at least twenty-one inches (21") below the natural ground level.
9. DHEC may establish, in its discretion, policies and standards concerning all aspects of
individual sewage treatment and disposal and may allow experimental systems within
acceptable standards. 24A S.C. Code Ann. Regs. § 61-56 (XIII) (1976).
10. Lot 14 does not meet the minimum site conditions for an individual sewage treatment and
disposal system under S.C. Code Ann. Regs. § 61-56 (V) whether the system is conventional,
alternative, or experimental.
IV. Order
Based upon the Findings of Fact and Conclusions of Law, the following ORDER is issued:
Callaway's application for a septic tank permit for a lot identified as Lot No. 14, Lakewood
Subdivision, Section A, Lakewood Drive, Clarendon County, South Carolina is denied.
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
Dated: February 24, 1998
Columbia, South Carolina |